ORDER
Date of order: 16 -06-2017
Upendra Jha,Member
This appeal is directed against the order dated 17-07-2015 passed by the District Consumer Forum, Patna in Complaint Case No. 408 of 2009 by which the complaint of the complainant is dismissed.
2. Brief facts of this case is that the complainant and her husband Sukhdeo Ram deposited Rs. 6,00,000/- (Rupees six lacs only) in the monthly Income Scheme of the Post Office S.K. Puri, Patna on 31-08-2001, on the term interest @ 8% that was Rs. 4,750/- was to be paid, on maturity 5% Bonus was to be paid on 28-08-2007. Monthly interest was being paid to the joint account holder but on 13-12-2002, Sri Sukhdeo Ram died. His original Pass Book was also misplaced. The account holder applied for a duplicate Pass Book as well as for substitution the name of son Sri Ram Chandra Prasad in place of Late Sukhdeo Ram. Duplicate Pass Book was issued and Ram Chadra Prasad name was substituted. Monthly interest was being paid till 08-12-2006. But after that it was stopped. On request nothing was done. Then, the complainant filed a complaint before the District Forum, Patna. During pendency of complaint Rs. 6, 00,000/-(Rupees six lacs only) was paid to the complainant on 20-03-2012 without any interest. This appeal has been preferred for payment of 8 % interest from January 2007 to 20-03-2012 on the principal amount of Rs.6, 00,000/- + 5% Bonus Rs.60, 000/- and interest on Bonus.
3. Respective written notes of arguments have been filed by the parties. Heard and perused the District Forum order.
4. District Forum has held that O.P.- Post office has acted in right manner and there is no deficiency on the part of the Postal Department, hence complaint was dismissed after payment of principal amount Rs.6,00,000/-(Rupees six lacs only).
5. The counsel for the appellants submit that the appellant is an illiterate old, poor widow and she is facing a great trouble and economic loss by the respondent- Postal Department. District Forum ought to had directed to pay 8% compound interest on Rs.6,00,000/-(Rupees six lacs only) from 25-08-2007 to the date of payment i.e. 30-03-2012 5% Bonus on 6,00,000/- (Rupees six lacs only) it comes to Rs. 30,000/- with 8% interest. Monthly interest @ 8% from January 2007 to 28-08-2007 and compensation Rs.1, 00,000/-. But the appellants have not explained the justification for payment of the amount as prayed for.
6. On the other hand, the counsel for the respondent-Postal Department submits that if one of the depositors of a joint account dies, the account will be treated as a single account in the name of surviving depositor vide D.G. Post Letter No. 110-2001 S.B. dated 07-01-2003. The P.M. s. P.M. will ask the surviving depositor as this amount will not carry interest from the date of death of joint depositor. In the light of above provisions, the District Forum has rightly passed the impugned order. It needs no interference. Hence, the District Forum order be affirmed and appeal be dismissed.
7. Having considered the grounds of appeal submissions of parties and on perusal of the order passed by the District Forum, it appears that the District Forum has considered the matter in correct perspective. We cannot go beyond the rule/provisions framed by the Central Government. It is a provision, if one of the depositors of a joint account dies, the account will be treated as a single account in the name surviving depositor and the amount will not carry interest from the date of death of joint depositor. Thus, the appellant is not entitled to get the interest from the death of her husband. Principal amount has already been paid. The facts and reasons stated above, we do not find any illegality in the District Forum order which is proper and justified. Hence, the District Forum order is affirmed and the appeal is dismissed.
S.K.Sinha Renu Sinha Upendra Jha
President Member (F) Member (M)
Anita
